1. The subject of the dispute is the appeal against the inaction of the military unit regarding the non-payment of the average salary for the period of delay in settlement upon dismissal and compensation for the loss of part of income for the period of delay in payment of indexation.
2. The court of cassation established that the courts of previous instances did not fully investigate the circumstances of the case, in particular, did not establish the total amount of payments due to the plaintiff upon dismissal, the amount of the average salary for the entire period of delay, and also did not determine the share of unpaid funds in comparison with the total amount of due payments, which is important for determining the fair amount of compensation. The court emphasized the need to apply the principle of proportionality in determining the amount of compensation, taking into account the proportionality of the amount claimed for recovery with the specific circumstances of the case, such as the amount of overdue debt, its ratio to the average salary, and the behavior of the parties. The court also pointed out that the courts of previous instances made mistakes in calculating the amount of the average salary, without taking into account the formula defined in the resolution of the Supreme Court of November 30, 2020, in case No. 480/3105/19. Regarding compensation for the loss of part of income, the court noted that the cassation appeal does not contain justifications for violations by the courts of the norms of substantive and procedural law, which makes it impossible to review court decisions in this part. The court noted that it deviates from the conclusions of the Administrative Cassation Court as part of the Supreme Court, set forth in the resolution of December 06, 2024, in case No. 440/6856/22, and formulated a legal conclusion regarding the limitation of the period for calculating compensation for delay in settlement upon dismissal to six months, introduced to Article 117 of the Labor Code of Ukraine by Law No. 2352-IX.
3. The Supreme Court overturned the decisions of the previous instances and sent the case for a new trial to the court of first instance to establish all the necessary circumstances and make a decision in accordance with the requirements of the law.
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